Lane Bryant, Inc. v. Cohen

Birns and Fein, JJ.,

dissent in part in a memorandum by Fein, J., as follows: Defendant Cohen was employed by plaintiff as a purchasing agent for more than 20 years, until allegations came to the fore that Cohen had been receiving kickbacks and secret commissions from suppliers with whom he had dealt on plaintiff’s behalf. When plaintiff failed to receive what it considered to be a satisfactory explanation from defendant, the employment was terminated as of August 31, 1977. Plaintiff then had its law firm conduct an investigation, apparently to determine the extent of these kickbacks and…